Dissolution of Marriage
Although a person never goes into a marriage with an expectation other than that it will last forever, sometimes a party is better off dissolving his or her marriage than staying in an intolerable situation. Florida is a no fault state, which means that you do not need grounds to obtain a divorce. There are only two requirements to obtain a dissolution of marriage in Florida: at least one of the parties must be a resident of the state of Florida for at least six month prior to filing the petition to dissolve the marriage and at least one of the parties must state, under oath, that the marriage is irretrievably broken.

Sometimes, there are very few issues involved in a dissolution of marriage action. However, the vast majority of the cases which we handle involve numerous and complicated issues such as child custody, child support, child visitation, alimony, equitable distribution of marital assets and debts and the responsibility for attorney?s fees.

From the inception and throughout our representation of a client, we explain to the client what she or he should reasonably expect to happen during the various stages of the litigation. We remind the client of the legal and factual issues involved in her or his case as well as the need to consider the costs of the litigation.

Perhaps most importantly, we understand that a dissolution of marriage is one of the most traumatic experiences that someone can have. We try to provide an objective and reasonable voice to our clients to steer them toward a result which will be in their best interest, both emotionally and financially.

Custody of Children
The custody of children is frequently an important issue to our clients. We litigate this issue in dissolution of marriage actions, paternity actions and custody modification actions. Throughout these procedures, we keep in mind the best interest of the children. This type of case is usually emotional and requires the use of a psychologist and/or a guardian ad litem. Merlin & Hertz, P.A. has extensive experience in handling such cases while trying to minimize our client?s emotional anxiety and concerns. We will present to the court the evidence and case law which will enable the judge to determine what is in the best interest of the children.

Child Support
Whenever minor or dependent children are involved in a family case, child support is an issue which must be addressed by the parties. Florida Statutes §61.30 sets forth the Child Support Guidelines, the basic starting place for all child support calculations. We use current computer programs to calculate the amount of child support which should be ordered by the judge and then present the supporting evidence to the court.

Our main job when it comes to child support is to determine the true income of the parties. Without the most accurate information, the child support calculations cannot be done properly, and it is the child who suffers.

There are times when we ask the judge to deviate from the Child Support Guidelines. This is frequently done when a child has special needs or when one of the parents has particular needs or circumstances which make it inequitable for him or her to pay child support according to the strict statutory guidelines.

Alimony
Alimony is an issue which must be addressed in many of our cases. From the inception of our representation of a client, we are concerned with the client?s entitlement to receive or obligation to pay alimony, whether it be temporary (during the pendency of the litigation), rehabilitative (to enable a party to become totally or more self-sufficient), permanent or lump sum. We advise our clients of the likelihood of them either receiving or having to pay alimony. This affects how we handle the litigation and the negotiation of a settlement of the case. We are mindful of the cost of litigating the issue of alimony and advise our clients accordingly. Our goal in addressing the issue of alimony is to resolve the matter as expeditiously and as efficiently as possible obtaining a result which either maximizes the amount of alimony being received by our client?s or minimizes our clients obligation to pay alimony.

Equitable Distribution
The division of marital assets and liabilities is an important aspect of a dissolution of marriage action. Under Florida law, the starting point is to equally divide those assets and liabilities which were accumulated during the marriage as a result of the fruits of the parties? labor, in most cases their salaries. We strongly urge our clients not to argue over small items, as the amount of attorney?s fees spent to obtain possession of things such as pots, pans and dishes is frequently more than the value of the personal property. In appropriate circumstances, we seek an unequal division of the marital assets and liabilities, especially when there is a need for lump sum alimony as an element of support or if the other party has dissipated marital assets.

Settlement Agreements
Settlement agreements are needed to memorialize the terms of a settlement of pending litigation. Such agreements are treated the same as every other contract, so the drafting skills of the attorneys involved in the preparation of the agreement are very important. We normally prepare settlement agreements for our clients, although we are occasionally asked to review agreements which are prepared by someone else. Our goals in preparing or approving a settlement agreement are to memorialize the terms of the parties? agreement, to make sure that no issues are left unaddressed and to try to provide remedies under various circumstances. Our clients always participate in the preparation and review of settlement agreements. The terms of the settlement agreement are explained to our client in detail, as are the consequences of entering into the agreement or not entering into the agreement.

Pre-Nuptial Agreements
There are times when a person wants to protect his or her assets and income from the claims of a potential spouse. Under these circumstances, we will prepare and negotiate a Pre-Nuptial Agreement on behalf of our client. When representing the party who wants the protection of such an agreement, we will make recommendations and negotiate a contract which attempts to protect our client to the greatest extent possible, while still being fair to the future spouse. When representing the party who is being asked to sign a Pre-Nuptial Agreement, we first explain their rights and obligations under the potential contract and those that will exist if such an agreement is not executed. We will then try to negotiate the best possible agreement for our client, with the goal of obtaining as much financial security as possible for our client.

Domestic Violence
The judicial system in Miami-Dade County is one of the national leaders in dealing with domestic violence cases. The Firm represents both victims and alleged perpetrators of domestic violence. While the judicial system is set up to enable the parties to handle such cases by themselves, sometimes it is in a party?s best interest to be represented by an attorney. We assist victims of domestic violence to present their case to the judge to make it very clear that the acts of domestic violence occurred, that the victim has a reasonable fear of further acts of domestic violence and that it is in the victim?s best interest to obtain a domestic violence injunction to protect himself or herself. We represent respondents in domestic violence actions to protect them from false claims that the petitioner made in an effort to manipulate a dissolution of marriage action, or to minimize the effect of a permanent injunction if it is entered, especially to ensure that the respondent still has contact with the parties? children.

Paternity
Merlin & Hertz, P.A., handles cases including issues of determination of paternity. There are circumstances under which it is appropriate to file a paternity action for a client. This type of action is generally filed on behalf of a mother, to legally establish the obligations of the father, especially for child support, or on behalf of the father, to establish his rights as the father of the child. Paternity actions also include seeking custody for a father, in appropriate circumstances. The Firm is always mindful of the sensitive nature of paternity actions, so the litigation is handled in a respectful, appropriate and private manner.

Probate and Guardianship Litigation
Merlin & Hertz, P.A., pursues probate and guardianship litigation in state courts in South Florida. Such litigation includes filing guardianship actions on behalf of children or incapacitated adults, as well as probating estates, whether there is a Last Will and Testament or not. We work closely with the personal representative or beneficiaries of an estate to probate the estate as efficiently as possible, always keeping in mind that the goal is to administer the estate as expeditiously as possible. In guardianship cases we may represent either the ward to protect his or her financial future, or an interested person or relative of the ward who has concerns for the ward.

Commercial Litigation
Merlin & Hertz, P.A., represents clients in all courts in South Florida in commercial litigation. Our cases include causes of action such as breach of contract, mortgage foreclosure, Landlord-Tenant, fraudulent misrepresentation and collections. We work closely with the client to gather the evidence to support his or her case. Mr. Merlin has an educational background in accounting which is helpful in managing and presenting these cases to the court and to the opposing side.